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Commonly Asked Questions about Intestate Succession Documents

If you die without an estate plan, your states intestate succession laws will determine your next of kin and the order in which they should receive your property. While it can vary by state, the next of kin order is generally: Your spouse. Your children and grandchildren (both biological and adopted)
In the absence of a surviving spouse, the person who is next of kin inherits the estate. The line of inheritance begins with direct offspring, starting with their children, then their grandchildren, followed by any great-grandchildren, and so on.
If the person named in the will cannot act or there is no will, then theres an order of priority for who may be appointed a personal representative. The order of priority is any surviving spouse or domestic partner, then a child, then a grandchild, then a parent, and then a sibling.
If the deceased person was married, the surviving spouse usually gets the largest share. If there are no children, the surviving spouse often receives all the property. More distant relatives inherit only if there is no surviving spouse and there are no children.
Intestacy laws provide for a decedents assets to pass to their closest family members. Different heirs have different priority levels. For example, if a decedent died with a surviving spouse, their priority level generally is the highest, followed by the decedents children.
California Intestate Succession Chart SurvivorsCommunity Property Spouse and Parents, No Children 100% to Spouse Spouse and Siblings, No Children 100% to Spouse Children, No Spouse 100% to Children No Spouse, Children or Parents 100% to Siblings, Then Nieces/Nephews, Then Grandparents, Then Uncles/Aunts, and Then Cousins3 more rows Apr 10, 2024
Order of Estate Distribution by Intestate Succession Laws in California. Spouse inherits all community property and (50%) of the deceaseds separate property. Spouse inherits all community property ⅓ of deceaseds separate property; with children inheriting an evenly split remaining ⅔ of separate property.